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(영문) 창원지방법원 2015.10.20 2013구합3328
정보공개거부처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On November 25, 2013, the Plaintiff filed a claim with the Defendant for disclosure of information on “from January 1, 2010, to the present date on the part other than personal information and cases related to the Plaintiff (hereinafter “instant information”) among the judgment on civil and administrative litigations filed by the citizens against the Defendant.”

B. On December 2, 2013, the Defendant rendered a ruling dismissing the Plaintiff’s claim for disclosure of information on the ground that “the Defendant is not an institution issuing civil and administrative litigation rulings” (hereinafter “instant disposition”).

[Ground of recognition] Unsatisfy, Gap evidence No. 1 (including paper numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The Official Information Disclosure Act (hereinafter “Information Disclosure Act”) by the Plaintiff’s assertion

(2) In order to ensure the citizen’s right to know, in principle, the Plaintiff is allowed to peruse the instant information, and it is also possible to disclose only part of the information except the information subject to non-disclosure prescribed in each subparagraph of Article 9(1) proviso of the Information Disclosure Act among the instant information. Thus, the instant disposition rejecting the disclosure of information is unlawful. 2) Considering the content and frequency of the Plaintiff’s claim for disclosure of information, the Plaintiff’s claim for disclosure of information is solely aimed at inducing the Defendant regardless of the purport of the Information Disclosure Act that guarantees the citizen’s right to know and ensures transparency in state administration

B. Article 1 of the Information Disclosure Act provides that “The purpose of this Act is to guarantee citizens’ right to know and secure citizens’ participation in state affairs and transparency in state affairs by prescribing necessary matters concerning the citizens’ request for disclosure of information held and managed by public institutions and the duty to disclose information to public institutions.”

. The above.

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